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Case Study

LTB Order on Non-Payment of Rent and Eviction

Case LTB-L-071221-22 - McKinnon v Leclare

🕑 Case timeline

Application Date: Date not provided

Hearing Date: January 23, 2023

Order Issued: February 13, 2023

Termination Date: March 31, 2023

Eviction Deadline: March 31, 2023

ℹ️ Case overview

Case Number: LTB-L-071221-22
Address: Main Floor-14 Princess Street, Brantford, ON N3R 1T8
Form Used: N4
Served By: Not specified
Amount Awarded: $14,804.34
Decision In Favor: Tenant
Application Type: Eviction for non-payment of rent
RTA Sections: Section 78(6), Section 83

👥 Parties involved

Landlord: David McKinnon, Suzanne McKinnon
Landlord Rep: Berkun Altun
Tenant: James Leclare
Tenant Rep: Self Represented
Adjudicator: Jagger Benham
Keywords: eviction, non-payment, rent arrears, health issues, payment plan

⚖️ Decision summary

Consent order cancelled.
Tenancy continues under new conditions.
Failure to meet conditions will result in eviction.

⚠️ Dispute summary

Tenant sought adjournment which was denied.
Dispute over proper naming of tenants on termination notice.
Tenant acknowledged breach of payment conditions.

📑 Findings & determinations

Tenant's request for adjournment denied.
Landlord correctly named the tenant in the notice.
Tenant given opportunity to clear arrears by end of March.

💡 Summary points

Tenant failed to pay rent as per previous consent order.
Landlords applied for eviction due to non-payment.
Tenant provided evidence of returning to work and potential payment of arrears by employer.
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